Abdul Kalam v. Sate Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. Abdul Kalam S/o. Shahul Hameed, 101, Pedariyar Kovil Street, Seven Wells, Chennai 600001.
Petitioner(s) Vs
1. Sate Rep.by, The Inspector of Police, C-3, Seven Wells Police Station, Chennai-600001. (Crime No. 83 of 2025) Respondent(s) PRAYER: To enlarge the petitioner on bail in the event of his arrest in Crime No.83 of 2025 on the file of the Inspector of police, C-3, Seven Wells Police Station, Chennai-01 For Petitioner(s):
Mr.Vinodh Kumar For Respondent(s):
Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 351(2) of BNS,(294(b), 506(ii) of IPC and 4 of TNPHW Act in Crime No.83 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that on 29.03.2025 at about 21.30 Hrs, while the defacto complainant parked her bike in-front of petty shop, the petitioner and other accused, picked up a wordy quarrel with the defacto complainant, abused her in filthy language and threatened with dire consequences. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the allegations are false; the petitioner is no way connected with the alleged offence and in any case, the custodial interrogation of the petitioner is not required; and hence prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) for the respondent police, and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Metropolitan
Magistrate No.VIII, George Town, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid
down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
16-04-2025 jai Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Sate Rep.by, The Inspector of Police, C-3, Seven Wells Police Station, Chennai-600001. (Crime No. 83 of 2025)
2. The Metropolitan Magistrate No.VIII, George Town, Chennai.
3. The Government Advocate (Crl. Side) Madras High Court, Chennai.
SUNDER MOHAN J.
jai CRL OP No. 11177 of 16-04-2025